trực tiếp bóng đá k+Judgment no. 17/2018/HNGD-ST dated april 2, 2018 on divorce petition involving foreign elements

PEOPLE’S COURT OF KIEN GIANG PROVINCE

JUDGMENT NO. 17/2018/HNGD-ST DATED APRIL 2, 2018 ON DIVORCE PETITION INVOLVING FOREIGN ELEMENTS

On April 2, 2018, trực tiếp bóng đá k+ first-instance trial court was conducted at trực tiếp bóng đá k+ office of People’s Court of Kien Giang province to hear trực tiếp bóng đá k+ case No.09/2018/TLST-HNGD dated February 26, 2018 regarding a divorce petition involving foreign elements.  Pursuant to trực tiếp bóng đá k+ Decision to hear trực tiếp bóng đá k+ case under first-instance trial No. 09/2018/QDST-HNGD dated March 21, 2018. Parties concerned:

- Petitioner: Mrs. Nguyen Thi Cam L, born in: 1980 (present).

Address: 95 DD, VL Ward, RG City, Kien Giang Province.

Temporary residence: 56 (346), BVD, Ward A, District B, Ho Chi Minh City.

- Respondent: Mr. WILLEM ABRAM B, born in: 1958 (with Request for Trial in Absentia).

Address: 09 KAREEH P SO AFRICA.

Temporary residence: 56 (346) BV, Ward C, District D, Ho Chi Minh City.

trực tiếp bóng đá k+ CASE

Representation of Mrs. Nguyen Thi Cam L:

She and Mr. WILLEM ABRAM B got to know and loved each other before celebrating wedding in 2012. They registered marriage and were granted trực tiếp bóng đá k+ marriage certificate dated October 19, 2012 by trực tiếp bóng đá k+ People’s Committee of Kien Giang Province, included in trực tiếp bóng đá k+ marriage register No. 234, volume No. 01/2012 dated November 2, 2011.

Early in marriage, they had lived happily together and had a common child named Briel Linh s, date of birth November 20, 2012. After that, they had regular conflicts and quarrels. Their conflicts came from their disbelief to each other and in finance; trực tiếp bóng đá k+ conflict reaches its peak in September 2017. They cannot get a common voice in trực tiếp bóng đá k+ life.

Now, deeming that their marriage is irretrievably broken, trực tiếp bóng đá k+ purpose of marriage is not achieved. As for that reason, trực tiếp bóng đá k+ petitioner filed for a divorce to request trực tiếp bóng đá k+ following matters:

With reference to conjugal relationship: She asks for divorce from Mr. WILLEM ABRAM B.

With reference to common children: She claims custody of their child named Briel Linh S and does not require child support from Mr. WILLEM ABRAM B.

With reference to common property and liabilities: They mutually reach an agreement without requesting trực tiếp bóng đá k+ Court to settle.

trực tiếp bóng đá k+ respondent, Mr. WILLEM ABRAM B: He sent a Letter of Consent to Divorce from Mr. Nguyen Thi Cam L.

With reference to common children: Let Mrs. Nguyen Thi Cam L get trực tiếp bóng đá k+ child custody of Briel Linh S. Although Mrs. L does not require trực tiếp bóng đá k+ child support, with father love, he will voluntarily provide child support for Briel Linh S.

With reference to common property and liabilities: They mutually reach an agreement without requesting trực tiếp bóng đá k+ Court to settle.

After consideration of trực tiếp bóng đá k+ case files assessed and trực tiếp bóng đá k+ adversarial process at trực tiếp bóng đá k+ court hearing and relevant regulations of law.

CONSIDERING THAT

[1] In terms of court procedures: trực tiếp bóng đá k+ respondent, Mr. WILLEM ABRAM B, submitted a request for trial in absentia during trực tiếp bóng đá k+ divorce proceedings with trực tiếp bóng đá k+ petitioner, Mrs. Nguyen Thi Cam L. trực tiếp bóng đá k+ request was notarized by Private Notary Office CL in District X, Ho Chi Minh City, so it is legally made. Therefore, trực tiếp bóng đá k+ Trial Panel applies Clause 1 Article 227 of trực tiếp bóng đá k+ Civil Procedure Code 2015 to hear trực tiếp bóng đá k+ case in trực tiếp bóng đá k+ absence of Mr. WILLEM ABRAM B.

[2] In terms of content of trực tiếp bóng đá k+ case: trực tiếp bóng đá k+ marriage between Mrs. Nguyen Thi Cam L and Mr. WILLEM ABRAM B meets marriage conditions, they registered marriage at trực tiếp bóng đá k+ competent authority and were granted trực tiếp bóng đá k+ marriage certificate. Therefore, pursuant to Article 9 of trực tiếp bóng đá k+ Law on Marriage and Family 2014, it is considered legal.

At trực tiếp bóng đá k+ first instance court hearing, Mrs. L still upholds her petition for divorce from Mr. WILLEM ABRAM B because they only had lived happily together for a short time. After that, they often had regular conflicts and quarrels. Their conflicts came from their disbelief to each other and in finance; trực tiếp bóng đá k+ conflict reaches its peak in September 2017. They cannot get a common voice in trực tiếp bóng đá k+ life. As for that reason, she deemed that their marriage cannot last longer.

According to trực tiếp bóng đá k+ statement dated March 9, 2018 of Mr. WILLEM ABRAM B, he gives trực tiếp bóng đá k+ consistent testimony with Mrs. L in terms of conjugal relationship. Deeming that trực tiếp bóng đá k+ couple have personalities so different that they cannot live together for a long time, if this marriage continues it only causes suffering for both.

As for legal aspect, trực tiếp bóng đá k+ statement of Mr. WILLEM ABRAM B was confirmed by Nguyen Nhu A, English translator of TP Law Co., Ltd that it was correctly translated from English to Vietnamese, so it was legally made.

trực tiếp bóng đá k+ Trial Panel considers that Mrs. L and Mr. WILLEM ABRAM B, after a short-term happy marriage, they had many financial-related conflicts. They had many quarrels and marital harmony which are irretrievably broken and did not take care of each other. Therefore their marital relationship does not meet requirements prescribed in Article 19 of trực tiếp bóng đá k+ Law on Marriage and Family 2014 regarding spousal attachment. trực tiếp bóng đá k+ Trial Panel has valid grounds to consider that trực tiếp bóng đá k+ marriage between Mrs. Linh and Mr. WILLEM ABRAM B falls into bad situation, trực tiếp bóng đá k+ duration of marriage cannot last longer, trực tiếp bóng đá k+ purpose of trực tiếp bóng đá k+ marriage is not reached, and moreover they both voluntarily consent to divorce. Therefore, after discussion and consideration, trực tiếp bóng đá k+ Trial Panel reaches a consensus on accepting Mrs. Linh’s petition for divorce from Mr. WILLEM ABRAM B.

[3] With reference to common children: Mrs. Nguyen Thi Cam L claims trực tiếp bóng đá k+ physical custody of their child named Briel Linh S but does not claim child support. Mr. WILLEM ABRAM B accepts her claim. Thus, trực tiếp bóng đá k+ Trial Panel grants trực tiếp bóng đá k+ custody of Briel Linh S to Mrs. Linh.

Mr. WILLEM ABRAM B is trực tiếp bóng đá k+ noncustodial parent, but he has trực tiếp bóng đá k+ right of child visitation, nobody has trực tiếp bóng đá k+ right to prevent Mr. WILLEM ABRAM B from doing this right as prescribed in Clause 3 Article 82 of trực tiếp bóng đá k+ Law on Marriage and Family.

However, while Mrs. Linh takes care of Briel Linh S, if Mr. WILLEM ABRAM B discovers that Mrs. Linh has not provided good care for trực tiếp bóng đá k+ child which negatively affects trực tiếp bóng đá k+ future of Briel Linh S, Mr. WILLEM ABRAM B has trực tiếp bóng đá k+ right to make a claim for change of custodial parent.

[4] With reference to common property and liabilities: Mrs. L and Mr. WILLEM ABRAM B mutually reach an agreement without requesting trực tiếp bóng đá k+ Court to settle.

[5] With reference to court fee: apply to Clause 4 Article 147 of trực tiếp bóng đá k+Civil Procedure Code 2015 in Viet Nam.

Mrs. Nguyen Thi Cam L has to pay trực tiếp bóng đá k+ first-instance civil court fee of VND 300,000, which shall be deducted from trực tiếp bóng đá k+ advance of first-instance court fee.

Pursuant to documents and evidence mentioned above:

HEREBY DECIDES

Pursuant to Clause 1 Article 227, Article 28, Point a Clause 1 Article 37, Clause 4 Article 147, Point d Clause 1 Article 469, Clause 2 Article 479 of trực tiếp bóng đá k+ Civil Procedure Code 2015.

Pursuant to Clause 1 Article 56, Clause 3 Article 82 of trực tiếp bóng đá k+trực tiếp bóng đá hôm nay Hôn nhân và gia đình;

Nghị quyết 326/2016/UBTVQH14 quy định về mứcof trực tiếp bóng đá k+ Criminal Procedure Code and trực tiếp bóng đá k+ Resolution No. 30/12/2016 dated December 30, 2016 on court fees and charges, exemption, reduction, collection, transfer, management and use thereof. - Hereby judges:

Accept trực tiếp bóng đá k+ lawsuit petition of trực tiếp bóng đá k+ Mrs. Nguyen Thi Cam L.

1.With reference to conjugal relationship: Mrs. Nguyen Thi Cam L is granted divorce from Mr. WILLEM ABRAM B.

2.With reference to common children: Grant trực tiếp bóng đá k+ physical custody of Briel Linh S to Mrs. Nguyen Thi Cam L, Mr. WILLEM ABRAM B is not required to provide child support.

Mr. WILLEM ABRAM B is trực tiếp bóng đá k+ noncustodial parent, but he has trực tiếp bóng đá k+ right of child visitation, nobody has trực tiếp bóng đá k+ right to prevent Mr. WILLEM ABRAM B from doing this right as prescribed in Clause 3 Article 82 of trực tiếp bóng đá k+ Law on Marriage and Family.

However, while Mrs. L takes care of Briel Linh S, if Mr. WILLEM ABRAM B discovers that Mrs. Linh has not provided good care for trực tiếp bóng đá k+ child which negatively affects trực tiếp bóng đá k+ future of Briel Linh S, Mr. WILLEM ABRAM B has trực tiếp bóng đá k+ right to make a claim for change of custodial parent.

3.With reference to common property and liabilities: Mrs. L and Mr. WILLEM ABRAM B mutually reach an agreement without requesting trực tiếp bóng đá k+ Court to settle.

4.With reference to marriage and family first-instance court fee: Mrs. Nguyen Thi Cam L has to pay trực tiếp bóng đá k+ first-instance civil court cost of VND 300,000, which shall be deducted from paid advance according to trực tiếp bóng đá k+ court cost and fee payment receipt No.0001042 dated January 8, 2018 issued by trực tiếp bóng đá k+ Department of Civil Judgment Enforcement of Kien Giang province (paid by Truong Cong C).  Mrs. L is not required to pay extra court fee.

5.Litigants may rightfully appeal this judgment within 15 days from trực tiếp bóng đá k+ judgment announcement. Mr. WILLEM ABRAM B may rightfully appeal trực tiếp bóng đá k+ judgment within 1 month from trực tiếp bóng đá k+ day on which this judgment is served or publicly notified as per law provisions.

6.In case trực tiếp bóng đá k+ judgment or court decision is enforced as per regulations in Article 2 of trực tiếp bóng đá k+Luật thi đá bóng trực tiếp dân sự 2008 Số hiệu 26/2008/QH12, trực tiếp bóng đá k+ judgment creditor and judgment debtor are lawfully allowed to reach an agreement on judgment enforcement, request judgment enforcement, be subject to voluntary execution or coercive judgment enforcement in compliance with regulations in Article 6, 7, 7a and 9 of trực tiếp bóng đá k+ Law on enforcement of civil judgments, and trực tiếp bóng đá k+ effective period of judgment enforcement shall comply within provisions in Article 30 of trực tiếp bóng đá k+ Law on enforcement of civil judgments.